Juries

Lord Acton: asked Her Majesty's Government:
	Whether any decision has been made regarding the recommendations of the House of Commons Home Affairs Select Committee on the Criminal Justice Bill in respect of jury research.

Lord Falconer of Thoroton: In its report on the Criminal Justice Bill, the Home Affairs Select Committee invited the Government "to consider the merits of repealing Section 8 of the Contempt of Court Act 1981 in order to permit meaningful research into how the jury system operates". This invitation followed from recommendations made by Lord Justice Auld in his review of the criminal courts.
	To fully consider this issue, I intend to publish a consultation paper towards the end of autumn to look at whether or not we should allow jury research to be conducted. The consultation paper will also consider the issue of jury impropriety, as recommended by Lord Justice Auld in his review.

County Fermanagh: Government Employees

Lord Laird: asked Her Majesty's Government:
	What plans they have to increase the number of government employees in County Fermanagh.

Lord Williams of Mostyn: Under the modernisation and welfare reforms programme, the Department for Social Development's (DSD) Social Security Office in Enniskillen, and the Department for Employment and Learning's (DEL) Job Centre, will convert to a new Jobs and Benefits Office from November 2003, bringing together the services of DSD and DEL for the people of working age. As a result of the enhanced service and the estimated increase in the customer base, it is currently estimated that the number of DEL staff will increase by in the region of 21 employees.

Northern Ireland: Sewerage Arrangement, Portrush, County Antrim

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 26 June (WA 31) concerning sewerage arrangements in Portrush, whether they will ensure that the new process to be installed next year is of the tertiary treatment type.

Lord Williams of Mostyn: The chief executive of Water Service has written to the noble Lord in response to this Question. A copy of the letter has been placed in the Library.

Belfast Education and Library Board: DVD Language Policy

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 8 July (WA 24) concerning a DVD entitled "Rhyming Round Belfast", whether a business case was presented to the Department of Culture, Arts and Leisure for the DVD's funding; if so, for how much; and how long it took to process.

Lord Williams of Mostyn: The Belfast Education and Library Board was not required to submit a business case to the department for the funding of this project.

Questions for Written Answer: Email Replies

Lord Lucas: asked the Leader of the House:
	How a Peer may register a permanent request to all government departments that answers to his Written Questions should be copied to his email address.

Lord Williams of Mostyn: As there is no formal arrangement in place to enable Peers to make such permanent requests, any requirement of this nature should be made to my office, who will then inform all government departments.

Questions for Written Answer: Response Times

Lord Jopling: asked the Leader of the House:
	What steps he is taking to reprimand the departments, including the Northern Ireland Office, which have failed to answer a total of 71 Written Questions on the first sitting day after the recess, bearing in mind that they have remained on the Order Paper for between seven weeks and 15 weeks, and that the target time for Answers is two weeks.

Lord Williams of Mostyn: I regret that not all of the Questions for Written Answer tabled before the Summer Recess have been answered.
	I have today reviewed the outstanding questions with my ministerial colleagues and reminded them of the importance of prompt and accurate answers.

Questions for Written Answer: Response Times

Lord Jopling: asked the Leader of the House:
	Whether he will convene a meeting with the Prime Minister, the Secretary of State for Northern Ireland and that Department's Permanent Secretary to ensure that that Department's Answers to Written Questions are provided within the target period of two weeks, in view of the situation on 9 September when of the 71 Questions which had remained unanswered for more than seven weeks, 48 were for the Northern Ireland Office.

Lord Williams of Mostyn: I am pleased to inform the noble Lord that all of the 48 outstanding Questions have now been answered.
	I would like to assure the noble Lord that the Northern Ireland Office recognises the importance of prompt and accurate Answers.
	I have no intention of convening a meeting with the Prime Minister, the Secretary of State for Northern Ireland and the Permanent Secretary.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Whether there are areas of activity in which the Northern Ireland Human Rights Commission will not operate; and, if so, what those areas are.

Lord Williams of Mostyn: The Northern Ireland Human Rights Commission's remit is set out in the Northern Ireland Act 1998. This sets the parameters for the commission's operation. Within that, it is for the commission to decide which activities it pursues.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Whether there are any limitations to the scope of topics which the Northern Ireland Human Rights Commission can advise on.

Lord Williams of Mostyn: The commission's powers and remit are stated under Section 69 of the Northern Ireland Act 1998.
	Section 69(1) states, "The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights".
	Section 69(3) states, "The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights—(a) as soon as reasonably practicable after receipt of a request for advice; and (b) on such other occasions as the Commission thinks appropriate".

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Whether any legal advice which they have sought from the Attorney-General has been supplied to the Northern Ireland Human Rights Commission; if so, on what subject; and whether they will place a copy in the Library of the House.

Lord Williams of Mostyn: The Government have not supplied to the commission any legal advice sought from the Attorney-General, nor are they required to.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Whether three members of the Northern Ireland Human Rights Commission can veto any proposal put to the commission; when and why this rule was introduced; how many times it has been used, on what topics; and which members exercised the veto.

Lord Williams of Mostyn: This is a matter for the Northern Ireland Human Rights Commission. The Chief Commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Library.

Northern Ireland: Equality Agenda

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 11 June (WA 41), whether the equality agenda is about equality of opportunity or equality of outcome.

Lord Williams of Mostyn: Both the Belfast agreement and the Northern Ireland Act 1998 refer to equality of opportunity.

ISC Report: Iraqi Weapons of Mass Destruction—Intelligence and Assessments

Baroness Ramsay of Cartvale: asked Her Majesty's Government:
	When the Government expect to lay the Intelligence and Security Committee's Report on Iraqi Weapons of Mass Destruction—Intelligence and Assessments before Parliament.

Lord Williams of Mostyn: The Prime Minister is grateful to the Intelligence and Security Committee for its report on Iraqi Weapons of Mass Destruction—Intelligence and Assessments. The Prime Minister has today laid the report before the House. The Government will respond formally to the report in due course. Copies of the report have been placed in the Libraries of both Houses.

Committee on Standards in Public Life: Government Response to Ninth Report

Baroness Gould of Potternewton: asked Her Majesty's Government:
	When the Government expect to publish their response to the ninth report of the Committee on Standards in Public Life.

Lord Williams of Mostyn: The Prime Minister has today published the Government's response to the ninth report of the Committee on Standards in Public Life, Defining the Boundaries within the Executive: Ministers, special advisers and the permanent Civil Service. The Government have considered the committee's report with great care, and the Prime Minister would like to place on record his thanks to the committee for its thorough consideration of these issues. The Prime Minister is pleased to be able to announce the Government accept the majority of the recommendations. Our response to the main recommendations is as follows:
	Independent Ethics Adviser—the Government agree to the appointment of an independent adviser to provide Ministers and Permanent Secretaries with an additional source of professional advice as required on the handling of complex financial issues.
	Civil Service Act—the Government commit themselves to publishing a draft Bill for consultation once the Public Administration Select Committee's proposals for a Civil Service Act have been published.
	Special Advisers—the Government propose a new section to the Code of Conduct for Special Advisers to clarify relationships between special advisers and permanent civil servants. An amendment to the code is annexed to the Government's response.
	First Civil Service Commissioner—the Government agree that, in future, the appointment of the First Civil Service Commissioner will be made following consultation with the Leaders of the main opposition parties.
	Appointments—the response makes clear that the Government are committed to maintaining a permanent and impartial Civil Service where selection is made on merit on the basis of fair and open competition. It also acknowledges the important role of the Civil Service Commissioners in the recruitment processes and in upholding the core values of the Civil Service. The response commits the Government to discussions with the Civil Service Commissioners to consider whether the different approaches to Civil Service and public appointments continue to be justified.
	Copies of the Government's response [Cm5964] have been placed in the Libraries of the House.

Hong Kong: National Security Legislation

Lord Howell of Guildford: asked Her Majesty's Government:
	What discussions they have had with the Government of the People's Republic of China about current proposals to introduce a new set of "anti-subversion" laws to Hong Kong.

Baroness Symons of Vernham Dean: Article 23 of the Basic Law states that the Hong Kong Special Administrative Region (SAR) shall enact national security legislation "on its own". We have therefore made frequent representations to the SAR Government on this issue, including at ministerial level.
	We have also discussed the issue with the Chinese Government in general terms. My honourable friend the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Mr Rammell) did so with Chinese Assistant Foreign Minister Zhang Yesui in January and my right honourable friend the Foreign Secretary did so on 25 June when visiting Chinese Foreign Minister Li Zhaoxing. On 21 July, during his visit to China, my right honourable friend the Prime Minister discussed Article 23 with Chinese Premier Wen Jiabao.
	We have followed this issue very closely. My honourable friend the Parliamentary Under-Secretary of State (Mr Rammell) issued press statements on 27 March and 30 June setting out views after the National Security (Legislative Provisions) Bill was introduced to the Legislative Council in February. Following a large demonstration in Hong Kong on 1 July, the Chief Executive announced significant amendments to the legislation on 5 July, including the removal of the proposed new provisions regarding the proscription of Hong Kong organisations subordinate to organisations proscribed on the Mainland on national security grounds. This had been one of the main concerns of the people of Hong Kong and of the international community. On 7 July the Chief Executive announced that passage of the legislation would be delayed to allow more time for further discussion in Hong Kong. My honourable friend the Parliamentary Under-Secretary of State (Mr Rammell) issued a press statement on 16 July welcoming these significant developments.
	On 5 September the SAR Government announced that it would withdraw the Bill from the Legislative Council.
	We shall continue to follow developments closely.

Diplomatic Missions: National Non-domestic Rates

Baroness McIntosh of Hudnall: asked Her Majesty's Government:
	Whether they will list the names of diplomatic missions in the United Kingdom that owed more than £10,000 as at 30 June 2003 in respect of national non-domestic rates (NNDR) for office premises.

Baroness Symons of Vernham Dean: Most diplomatic missions in the United Kingdom meet their obligations and pay the national non-domestic rates (NNDR) requested from them. However, as at 30 June 2003 the following missions owed over £10,000 in respect of NNDR:
	
		
			 Country Amount 
			 Bulgaria £143,346.09 
			 Iran £104,943.24 
			 Algeria £47,022.74 
			 Sierra Leone £43,320.65 
			 Mozambique £32,301.67 
			 Cameroon £30,109.53 
			 Uganda £27,801.89 
			 Syria £24,750.48 
			 Bangladesh £23,356.44 
			 Zimbabwe £21,016.08 
			 Zambia £19,276.56 
			 Cote D'Ivoire £16,392.46 
			 Malawi £12,606.03 
			 Cuba £12,349.06 
			 TOTAL £558,592.92 
		
	
	Eleven additional diplomatic missions which owe £10,000 or more in respect of national non-domestic rates have made arrangements with the Valuation Office Agency to clear their outstanding debts and have not been included in this list. The total amount outstanding from all missions, including these additional diplomatic missions, is approximately £960,394.45.

British Overseas Territories Citizens

Baroness David: asked Her Majesty's Government:
	How many British overseas territories citizens have applied for British citizen passports; and how many new applicants sought British Overseas territories citizenship in the first year of implementation of the British Overseas Territories Act 2002

Baroness Symons of Vernham Dean: A total of 7,079 British citizen passports were issued to British overseas territories citizens in the period May to December 2002 and 5,174 in the period January to May 2003. That is a total of 12,250 since the citizenship provisions of the British Overseas Territories Act came into force on 21 May 2002.
	A total of 1,359 new applicants applied for British overseas territories citizenship in the first year of implementation of the citizenship provision of the British Overseas Territories Act 2002.

Racial Discrimination: International Human Rights Treaties

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether any international human rights treaty by which member states of the European Union are bound excludes discrimination based on colour from the prohibition against racial discrimination.

Baroness Scotland of Asthal: We are not aware of any such human rights treaty that excludes discrimination based on colour from any prohibition of racial discrimination.

Charity Street Collections

Lord Phillips of Sudbury: asked Her Majesty's Government:
	Which local authorities have adopted the model regulations contained in the Charitable Collections (Transitional Provisions) Order 1972.

Baroness Scotland of Asthal: Local authorities in England and Wales currently have the power, but not the duty, to create licensing schemes for street collections under the Charitable Collections (Transitional Provisions) Order 1974. Comprehensive records are not maintained centrally and it would only be possible to obtain this information at disproportionate cost. However, it is estimated that at present some 80 per cent of the 410 local licensing authorities have street collection regulations in place.

Voluntary and Community Sector: Fourth Annual Report of Compact Working Group Secretariat

Lord Howell of Guildford: asked Her Majesty's Government:
	Whether they will arrange for the Fourth Annual Meeting to Review the Compact between Ministers and Representatives from the Voluntary and Community Sector to be reissued in everyday English.

Baroness Scotland of Asthal: The Report of the Fourth Annual Meeting to Review the Compact between Ministers and Representatives from the Voluntary and Community Sector will not be reissued.
	The report was published in June 2003 after the final draft was agreed with the Compact Working Group Secretariat for accuracy, clarity and readability.

Immigration Detainees: HMP Maghaberry

Lord Eames: asked Her Majesty's Government:
	(a) what are the age groups of immigration detainees at present held in HM Prison Maghaberry; (b) what is the average length of time during which immigration detainees are held in HM Prison Maghaberry; and (c) how many immigration detainees were granted asylum in the United Kingdom following detention in HM Prison Maghaberry to date during the years 2002 and 2003.

Baroness Scotland of Asthal: The latest available information on those detained solely under the Immigration Act shows that at 28 June 2003 there were five people held at HMP Maghaberry (rounded to five). Information on the ages and length of detention of these detainees is not available.
	Information on the number of people who were granted asylum after having been detained in HMP Maghaberry in the years 2002 and 2003 would only be available by examination of individual case-files; this would incur disproportionate cost.

Racial Discrimination Legislation: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Scotland of Asthal on 17 July (WA 164), what inconsistencies there are in the Race Relations Act 1976 resulting from the implementation of the Race Directive.

Baroness Scotland of Asthal: The effect of the Race Relations Act (Amendment) Regulations 2003 is to amend the Race Relations Act 1976 (RRA) in such a way as to implement the EC Article 13 Race Directive. The principles of the directive—such as a revised definition of indirect discrimination and a change in the interpretation of the burden of proof—are applied to the RRA in respect of claims brought in areas of the RRA that are within the scope of the directive. Therefore potential claims of unlawful discrimination which fall within the scope of the directive will be subject to the revised provisions—such as the amended definition of indirect discrimination, the new statutory definition of harassment (which corresponds to the existing case law definition), the new definition of "genuine occupational requirement", the repeal of some provisions which are contrary to the principle of equal treatment (as defined in the directive)—whereas claims which fall outside the scope of the directive will be subject to the Act's original provisions.

Racial Discrimination Legislation: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Scotland of Asthal on 17 July (WA 164), what evidence they possess that the European Commission and Council intended to adopt a narrower interpretation of the concept of racial discrimination in the Race Directive than in the International Convention on the Elimination of All Forms of Racial Discrimination ("the CERD"), notwithstanding the express reference to the CERD in the preamble to the Race Directive.

Baroness Scotland of Asthal: As I indicated in my response to the noble Lord of 17 July 2003 (WA 164), the Government are not able to speculate on the intentions of the Commission and Council. However the Government note that "the CERD" contains a reference to colour, as does the Charter of Fundamental Rights of the European Union, in contrast to the recitals to, and Article 2 of, the directive.

Racial Discrimination Legislation: UK and EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Scotland of Asthal on 17 July (WA 164), whether it is consistent with the elimination of all forms of racism and the development of policies which address all forms of racial discrimination across the European Union for the race directive to exclude protection against discrimination based upon a person's colour.

Baroness Scotland of Asthal: The Race Directive prohibits discrimination on the grounds of racial or ethnic origins. Such prohibition would not appear to include all the possible forms of racism referred to in the International Convention on the Elimination of All Forms of Racial Discrimination. However, as I indicated in my response to the noble Lord of 17 July 2003 (WA 164), the Government are not able to speculate as to the reasons why the European Commission and Council adopted a narrower concept of racial discrimination than exists in the convention.

Racially and Religiously Aggravated Crime: Sentences

Baroness David: asked Her Majesty's Government:
	What plans they have to review unduly lenient sentences for racially and religiously aggravated crime.

Baroness Scotland of Asthal: I am pleased to announce that we are today laying an order before Parliament which will extend the Attorney-General's powers in relation to unduly lenient sentences. This will enable certain racially and religiously aggravated offences to be referred to the Court of Appeal for review where it is felt that under-sentencing has occurred. The order will come into effect on 13 October 2003 and will apply to any sentence imposed after that date.
	This order is being laid following a recommendation in the HM Crown Prosecution Service's Inspectorate Review of Casework Having a Minority Ethnic Dimension, that racially aggravated offences be included in the category of offences which can be referred under the unduly lenient sentencing provisions. The inclusion of religiously aggravated offences is necessary and logical, to prevent anomalies in the protection offered to different groups. The Government will keep under review whether any further extensions should be made in future.

Iraq: Rule of Law

Lord Vivian: asked Her Majesty's Government:
	What benchmarks they will set to convince the Iraqi people that they can trust the occupying forces both to establish law and order and to act within the law themselves.

Lord Bach: Law and order is a high priority for the coalition in Iraq. More than 30,000 police officers have returned to work across Iraq, and are better paid than police under Saddam's regime. Coalition programmes, such as police training and the establishment of the new Iraqi army, will assist in bringing stability and ensuring that the rule of law in Iraq is enforced. United Kingdom forces operate to the highest standards, and are governed by the Geneva Convention IV, and rules of engagement derived from UK law.

British Energy: Restructuring Plan

Baroness Miller of Hendon: asked Her Majesty's Government:
	What representations they are making to the European Commission regarding the ruling that the rescue plan for British Energy is unlawful.

Lord Sainsbury of Turville: The European Commission has not ruled that the Government's aid to British Energy is unlawful. The Commission announced on 23 July that it was opening a formal investigation procedure into the restructuring aid, which is normal in major restructuring aid cases. It also set out a number of issues and questions on our notification of the company's restructuring plan on 7 March which the Government have addressed in their response to the Commission. The Commission's announcement was very much the beginning of a process and we look forward to working with it to complete the case as swiftly as possible. The Government do, of course, remain well prepared for administration should British Energy fail, for any reason, to implement its restructuring plan.

British Energy: Restructuring Plan

Baroness Miller of Hendon: asked Her Majesty's Government:
	What alternative proposals they have to assist British Energy and the electricity generating industry if the European Commission's ruling that the rescue plan for British Energy is unlawful stands.

Lord Sainsbury of Turville: The European Commission has not ruled that the Government's aid to British Energy is unlawful. The Commission announced on 23 July that it was opening a formal investigation procedure into the restructuring aid, which is normal in major restructuring aid cases. It also set out a number of issues and questions on our notification of the company's restructuring plan on 7 March which the Government have addressed in its response to the Commission. The Commission's announcement was very much the beginning of a process and we look forward to working with it to complete the case as swiftly as possible. The Government do, of course remain well prepared for administration should British Energy fail, for any reason, to implement its restructuring plan.

Personal Remittances: Flow from UK 1997–2002

Lord Lamont of Lerwick: asked Her Majesty's Government:
	What was the total flow of personal remittances from the United Kingdom in the years 1997 to 2002, together with a breakdown showing the main recipient countries and the amounts concerned.

Lord McIntosh of Haringey: The information requested falls within the responsibility of the National Statistician, who has been asked to reply.
	Letter on behalf of the National Statistician to Lord Lamont, dated 11 September 2003.
	The National Statistician has been asked to reply to your recent question on the flow of personal remittances from the United Kingdom. I am replying in his absence. (HL4274)
	Personal remittances from the UK are included within the figures for Other Payments by Households, as in Table 5.1 (Debits) of 2002 Pink Book. These figures also include estimates for non-profit institutions serving households. The published figures are shown in the table below.
	
		In £millions 
		
			 Year 1997 1998 1999 2000 2001 
			 Other Payments by Households (FKIQ) 2809 2906 2975 3236 3364 
		
	
	Figures for 2002 will be published in the 2003 Pink Book dataset on 30 September. A country breakdown is not available.

Lord Chancellor's Department: Funding

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What was the size of the funding bid to HM Treasury last year for money to modernise the civil and family courts; and why the bid was turned down.

Lord McIntosh of Haringey: The 2002 spending review provided the Lord Chancellor's Department with an additional £207/418/498 million over the years 2003–04 to 2005–06. Fuller details are given in the 2002 Spending Review White Paper (Cm5570), Opportunity and Security for All: Investing in an Enterprising, Fairer, Britain.

Ragwort

Lord Willoughby de Broke: asked Her Majesty's Government:
	Whether they are satisfied that local authorities are meeting their statutory obligation to control ragwort; and what action they will take if authorities do not meet these obligations.

Lord Whitty: Primary responsibility for controlling the spread of ragwort lies with the occupier of the land. A local authority has clear responsibility as an occupier if the authority owns the land or has responsibility for it. Local authorities also have a positive role to play in the control of ragwort, for example, by active weed control alongside rural roads and upon any other land for which they may be responsible. They may also play a part in publicising the threat that the weed poses to livestock and in particular to horses.
	Common ragwort is one of five injurious weeds specified in the Weeds Act 1959. The Act permits the Secretary of State for Environment, Food and Rural Affairs to serve notice on any occupier of land to take action to prevent injurious weeds from spreading. An occupier who unreasonably fails to comply with the notice will be guilty of an offence and liable to a fine on conviction.
	The Ragwort Control Bill, which will shortly be presented to the House, provides for a code of practice to strengthen enforcement of the Act by making it clear what should be done to clear ragwort when that is necessary. The code will also be admissible in evidence in enforcement proceedings under the Weeds Act.
	Defra has also revised its procedure for dealing with complaints about ragwort in order to co-operate effectively with complainants and to focus available resources for enforcement in a more targeted way.

Ragwort

Lord Willoughby de Broke: asked Her Majesty's Government:
	What studies have been carried out on the toxicity of honey produced in areas of heavy ragwort infestation.

Lord Whitty: A survey of UK honey produced by bees with access to ragwort found that the naturally occurring toxins known as pyrolizzidine alkaloids were only present at either undetectable or very low levels of the sort that the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment had advised were not a cause for concern.